washington. thanks for watching the o'reilly factor. i'm bret baer in for bill o'reilly. i'll keep it fair balanced and unafraid here in washington. please remember as bill says the spin stops here because we're looking out for you. breaking tonight, e-mails surfacing in hillary clinton's private server scandal that may revive controversy over one of the most troubling episodes of her entire career. the 2012 benghazi terror attacks that ended with four dead americans. good evening and welcome to "the kelly file," everyone. i'm megyn kelly. hours ago, the state department revealing new information on up to 30 e-mails that may be related to the benghazi terror attacks. they were among the nearly 15,000 messages recovered by the fbi that clinton's team appears to have tried to permanently destroy. 30,000 of them got deleted. only 15,000 were recovered. fox news is learning that these

e-mails, these 30 or so may have been sent or received in the days following the benghazi attacks. and if they were withheld from investigators, then their existence would fly in the face of mrs. clinton's claims that she turned over all of her work-related e-mails. >> i responded right away and provided all my e-mails that could possibly be work-related. we went through a thorough process to identify all of my work-related e-mails and deliver them to the state department. at the end, i chose not to keep my private personal e-mails, e-mails about planning chelsea's wedding or my mother's funeral arrangements condolence notes to friends, as well as yog routines family vacations, the other things you typically find in in boxes. >> i think that anybody who has actually looked at this has concluded that i have now put out all of my e-mails.

>> or not. today the trump campaign releasing a statement writing, quote, if clinton did not consider e-mails about something as important as benghazi to be work-related one has to wonder what is contained in the other e-mails she attempted to wipe from her server. chief intelligence correspondent catherine herridge live in washington tonight with more details on this discovery. catherine. >> megyn, hillary clinton signed the statement under oath last august telling a federal court that she had handed over all her government records, but tonight we know there are more e-mails. as many as 30 from benghazi that were found at the fbi did a forensic scrub of clinton's servers. fox news was told that some records come from the first week after the 2012 attack. the same week then secretary clinton was at andrews air force base where the caskets of four americans were flown home. we don't know if these e-mails are duplicates of what's already out there, but if they are new and they were deleted by clinton's team it could reopen the benghazi debate and reenergize reporting that clinton told her daughter chelsea it was terrorism and

told the public an obscure video was to blame. part of the fbi's clinton file is getting released now because multiple media outlets filed requests for clinton's interview after fbi director james comey said the criminal case into the mishandling of classified information was closed. we expect some sections of the fbi file would be blacked out for security reasons. president obama's spokesman said today the white house is not involved. >> i've seen those reports. i can tell you that the white house did not consult with the fbi about that decision or any of the other decisions that they've made in terms of handling some of the investigative material. >> reporter: this week we expect more of clinton's schedules of when she was secretary of state as well as parts of those fbi investigative files, and tonight there was no immediate comment from the clinton campaign. megyn. >> catherine herridge thank you. joining us now, mark thiessen a fox news contributor and american enterprise institute scholar and crystal ball joins us. she's a journalist and senior fellow at the new leaders

council. great to see you. mark so crystal and i go bay back. i was her very first tv appearance. >> you were the first person ever to put me on television. >> it's great to have you. mark let's talk turkey. hillary clinton appears to have been caught it appears. we don't know whether these are duplicates. if they're duplicates why didn't the state department take the two minutes it would have taken to take just these 30 e-mails and say are these in the stack we produced or not before rushing into court and say, we've got them. we've got them. we need a month to determine whether they're duplicates? >> it's quite remarkable. look if this report is true and it is an if then hillary clinton has been caught in yet another lie. we know for a fact that as she said to the american people she turned over everything that she was obligated to turn over. we know for a fact that that is untrue. the fbi said they found thousands of e-mails that she failed to turn over which now could include e-mails regarding benghazi. it's just -- the reason we don't

give her the benefit of the doubt, megyn, is because she's lied to the american people so many times that an nbc news poll just found 11% -- just 11% of americans say she's honest and trustworthy. 56% say she should be charged with a crime. and 60% say that she believed the rules that apply to the rest of us don't apply to her. americans sense this. i just wonder at what point will some democrat step forward and say enough is enough. you've got dozens of republicans who have stepped forward and said i will never vote for donald trump. where are the never hillary democrats? where are the democrats who are so disgusted by this corruption by this lying, that they'll finally say, i will not be party to putting a lying clep tow crat into the oval office. >> clep tow crat. is that yours? that's got a nice ring to it just in general. all right. crystal, let me ask you, because even if you can't prove that you know she lies right? there's certainly evidence that she misstates things a lot,

especially when it comes to her e-mails and whether they were classified and what she did with that private server. so why does she deserve the benefit of the doubt on this? >> well there's a big difference between being mistaken about something and lying about something. i mean as you pointed out, we don't even know for sure that these 30 e-mails are anything different that she didn't actually already turn over. so they're looking into that to see if these are duplicates and see what information would need to be redacted. further more the clinton campaign has been very forthcoming in saying look if you find more work related e-mails, let's put them out. let's have that transparency. they've welcomed that. to me that speaks to the fact there's no cover-up here. they're not trying to hide anything. perhaps the process that the lawyers clinton used to sort out the work e-mails from the personal e-mails, perhaps that process was imperfect. but that's a lot different than saying she lied to the american people which there's just no evidence for and which the fbi investigation found absolutely no evidence for. >> go ahead, mark. >> being mistaken about something and lying are two

totally different things. >> she said there's no classified information on my e-mails, which the fbi said was not true. she said there was nothing marked classified which the fbi said -- >> again -- >> hold on. [ overlapping voices ] >> i'm saying she said there was nothing marked classified. there was nothing classified at the time. also untrue. she has repeatedly lied to the american people. >> you are pointing out things that are different from what she said. but it's different to be mistaken. >> lies. >> there were three e-mails that had partial classifications. where's the intent. where's your proof that she knew that was inaccurate when she was saying it? look i get it. hillary clinton has been part of washington for a long time. people mistrust washington and they've had republican house members and republicans going after her for years. so of course -- >> it's not just about washington. it's about her. i mean even "the new york times" today came out and said that

it's an ethical imperative for hillary and bill to cut their ties with the clinton foundation as this scandal emerges there about whether it was pay to play while she was secretary of state. this is separate from the e-mails. and the question is whether it just stinks that the american people look at her and say, you think you're above the rules. mark i'll give that one to you. >> sure. i mean look at the clinton foundation. we just found out that one of these people that they sought access for, a billionaire donor to the clinton foundation named gilbert chagoury we found out today was barred from entering the united states for terrorist ties. he was convicted of money laundering in geneva for helping the dictator of nigeria together with mark rich plunder the country's oil assets and money laungdmoney launder the money. he was indicted by the justice department for a bribery scheme. and the clinton foundation not only gave him special access to u.s. officials, but they were actually negotiating with him to try and buy some of his land in nigeria for a consulate. >> a lot of information packed

in there. >> when do the democrats just say ick, gross, i don't want to be a part of this. >> i'll give you the last word. >> there are two things here. there's the appearance of impropriety, which i actually agree with "the new york times." i think they need to stop taking money from foreign donors, from corporations. they should go ahead and do that now and make it clear and be strong with that when she is the next president of the united states. but there's the actual allegation that there was pay for play and there's just no evidence. the best that they've been able to come up with is that someone got a better seating assignment at a state department function. that's hardly a scandal. so i think we've got to talk about the substance here and the reality is that -- >> but no one is saying it was a scandal. [ overlapping voices ] >> it felt like a lovey dovey -- i don't know. there's no end to her power. could she get me into the polo lounge here in new york? >> so many coincidences megyn. >> i feel like you could get in on your own.

>> great to see you. >> thank you, megyn. breaking tonight, a pair of senators fighting to survive key primaries, and we have new race results for marco rubio and john mccain next. plus pastor mark burns touched off a firestorm yesterday with a tweet about hillary clinton, and he tonight is creating new controversy with his follow-up. he's next. and then a bogus article about me. me. trends on a social media website with more than a billion users. they say i got fired. what? this is really going to upset nana who does believe everything she hears although she doesn't go on facebook. should i sue my friends at facebook? we have an update in this case. stay tuned.

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breaking tonight, we are keeping a close eye on several key congressional races out of florida and arizona. in florida, the ap now projecting senator marco rubio has won his primary. he'll face congressman patrick murphy in november. remember when he said he wasn't running again. over on the house side voters are deciding whether to keep former democratic national committee chairwoman debbie wasserman schultz in congress or to replace her with a bernie sanders-backed law professor. we are also waiting results aout

of arizona where john mccain is facing a tough primary battle one day after his 80th birthday. he is expected to win, but you never know. we'll keep you posted. with 70 days to go -- 70, i say -- till the 2016 presidential election the trump campaign is trying to gain traction with a variety of voting groups. first with a speech tomorrow on immigration, and our late breaking report today that he may be headed to mexico for a meeting with their president potentially tomorrow in advance of that. that's washington post reporting. and then with a visit saturday to a predominantly african-american church in detroit. but that effort has been overshadowed in the last 24 hours by a series of controversial tweets not from trump this time but from a top trump surrogate. pastor mark burns. the man at the center of this controversy is here. he joins us next live. but trace gallagher has the newest developments to get us up

to speed first. trace? >> reporter: megyn, as national polls show hillary clinton with an enormous lead among black voters this weekend, donald trump will hold his first event in a black community in more than a year appearing at a predominantly african-american church and speaking with the president of a national christian television network owned and operated by african-americans. trump is hoping to win over black voters by trying to convince them that minority communities have suffered because of failed democratic policies. he repeatedly points to chicago as the prime example. when news that nba star dwyane wade's cousin had been shot and killed in chicago, trump went on twitter using the tragedy to help illustrate his point, quoting, dwyane wade's cousin was just shot and killed walking her baby in chicago. just what i have been saying. african-americans will vote trump. the misspelling of dwyane wade's name and lack of condolences for his cousin were later corrected, but now prominent african-american pastor and

trump supporter mark burns is addressing his own twitter controversy. burns sent out a tweet late yesterday featuring a cartoon of hillary clinton in blackface, which as you see, has now been changed. the original tweet depicted her using poor language to pander to african-american voters and in the voice of clinton, he wrote, quoting, black americans, thank you for your votes and letting me use you again. see you again in four years. pastor burns has now apologized for the tweet but says he stands by the message that democrats take black voters for granted. megyn. >> tragsce thank you. joining me now, pastor mark burns, trump supporter and co-founder of the now television network. pastor great to see you tonight. thank you for being here. first of all, originally you stood by the tweet with the blackface, and now today you come out and say that you are sorry for it. why the reversal? >> well you know megyn, i'm sorry for -- i apologize for the

offense of the blackface. the blackface, several people -- obviously many people were offended by it. i apologize. i moved past it. i moved on. what's more important is i don't apologize for the message that the tweet shared. it is a reality, it is a fact that the democrat party panders after african-americans, that they don't own up to the failed policies that has caused many minorities in our country to be at the level that they're at when in reality, we're not developing at the same speed as other ethnic groups in this country. i mean we've heard the reports over and over again that 54% up on food stamps. welfare is still at a high rate. homeownership is at a low. these are the effects of a democrat party failed policies and somebody has got to say, listen, hillary clinton, we see what you do with your southern

twang and your pretending that you know these songs, church music congressional songs, and you come in with your hot sauce comments and you will do and say and manipulate your way to whatever you want to be in order just to win the votes. and in reality, you don't really care about black people. >> well i mean what do you make of the numbers because overwhelmingly hillary clinton is winning with african-americans. i mean in some states and in some critical cities it's almost 100%. it's 99% of the black population to 1% for trump. are they all wrong? >> well there's several factors, megyn. for one, let's just be real. the republican party en masse hasn't done what i believe a really good job in reaching out to african-americans or minorities which that's a whole nother conversation by itself because to be honest with you, there is no such thing as an african-american community. that is p.c. and political correctness

at the highest caliber. our politicians are darned if they do or they're darned in they don't. if they don't talk about the african-american community, then they are racist. if donald trump don't address the african-american -- >>le well, you understand trump got into trouble for many reasons. first of all, he appeared in at least a couple of interviews very slow to condemn david duke. and then most recently he sent out that tweet in the wake of dwyane wade's family member his cousin being murdered without even a condolence remark. he instantly politicized it was the charge. that enraged many african-americans. it hasn't all been it's a republican you know we're against him. >> well, that's not what i was saying. the statement i was trying to -- i didn't get to complete my statement. my statement was this. in our political climate, number one, you know donald trump is darned if you don't reach out to the african-american community,

and he's darned if he do reaches out to the african-american community. when in reality there is no such thing as the african-american community because this political p.c. world that we live in it's almost as though we are putting all african-americans in one cattle herd. so when you speak to one group, you speak to all. >> i got to ask you one quick question before i let you go. i got to ask you one other question because you said on another tweet that it turned out to be a fake picture of hillary and bill. in this one, they were at some sort of a costume party, and it showed her in blackface. it turned out it wasn't them. it was a fake picture, and i think you've acknowledged that now. do you need to be more careful in your messaging and with the twitter? >> my message still stands. i still stand by -- of course obviously that turned into a false picture. >> that's two you've had to pull back. >> they're doing it to you right now on facebook.

you know with the false report. >> but you're doing this. i don't have facebook here. i have you. >> the point i'm making is you know people make mistakes. the point is the message is still true. i'm standing behind my message. i'm not apologizing for that. somebody got to speak up and tell the truth. it's going to be me. >> it's great to see you. thanks for being here. >> thank you, megyn. we will get to facebook in a minute. fired. have you heard anything? what? my security card is still working, which is usually the way you know right? oh i'm in. we also have breaking news tonight on singer chris brown. remember this guy who assaulted his then girlfriend rihanna? now he's had an angry standoff with the police that just ended a short time ago and we have the resolution resolution. plus with the issue of race and policing exploding again this week we will speak next with the man known as america's top cop. nypd commissioner bill bratton.

honored to have him here tonight. then with the man who is becoming a leading voice on this issue, sheriff david clarke will share his thoughts as well. he may not agree. we'll find out. plus rush limbaugh finds himself caught in some fierce crossfire for what he didn't say about donald trump. and brent ba zel ask here onis here on the fallout. >> i never took him seriously on this. >> but 10 million people did. >> yeah and they still don't care. they still don't care. they're going to stick with him no matter what.

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breaking tonight, singer chris brown is behind bars this evening after lending his small part to what has become a zizzying 72 hours on the issues of race and policing. it began with 49ers quarterback colin kaepernick -- i'm sorry. i don't follow sports. kaepernick. it's tough. refusing to stand for the pledge of allegiance this week and suggesting he won't show pride for a country that oppresses people of color. then beyonce decided to invite the so-called mothers of the movement to mtv's annual award show on sunday including the mother of michael brown, a young man who was killed after attacking a police officer. then today, chris brown became a story after allegedly threatening a woman with a

handgun in the middle of a standoff with police he shared this charming message with the world. >> there's always going to be [ bleep ] the police black lives matter. the worst gang in the world, the police and i said it [ bleep ] you. >> right back to you, said the authorities, as he's now under arrest. in moments, we're going to be joined by nypd police commissioner bill bratton for the first time on "the kelly file" -- the second time right? and milwaukee county sheriff david clarke is here to weigh in after that. trace gallagher is live in our west coast newsroom with an update. >> reporter: megyn, from the time he was a boston beat cop, bill bratton has been immersed in the issue of race and policing. in 1976, bratton won the medal of valor after showing up at a bank roshry in the mostly white area of south boston and confronting a black man with a gun to the head of a white woman. bratton pushed his way through an angry crowd and by lowering his weapon convinced the gunman to lower his. in the 1990s as new york police commissioner bill bratton was

nationally recognized for helping drive down the new york city crime rate. bratton also led departments in boston and los angeles, but shortly after bratton began his second tenure as new york police commissioner eric garner a heavy set african-american man was accused of resisting arrest and was placed in what appeared to be a choke hold by two new york city police officers. garner died, reigniting racial tension against police. at the time bratton's policies were criticized as targeting minorities and during his farewell news conference earlier this month, commissioner bratton acknowledged it will take years to properly address this country's race relations. watch. >> the issue of race and community relations, we're on a journey. but it's not a journey unique to new york city. it's a crises in america at this moment. the national election is revolving around it. >> reporter: in just the four weeks since the commissioner made those comments the issue of race and policing has become

even more prominent in the presidential election. here's donald trump being asked about colin kaepernick's decision to sit during the national anthem. >> i think it's personally not a good thing. i think it's a terrible thing. and, you know maybe he should find a country that works better for him. let him try. it won't happen. >> reporter: we can't find any comments hillary clinton made about kaepernick but he certainly made some about her saying if she was any other person she'd be in prison. the controversial quarterback also called donald trump openly racist. commissioner bratton says he'd like more time to address the issue of community and race though he steps down next month. megyn. >> trace, thank you. joining me now, nypd commissioner bill bratton. great to see you, commissioner. thanks for being here. what do you make of colin kaepernick's not standing? >> i don't support it certainly. i think it's something that we

all need to be concerned with that we live in the greatest democracy in the world. we should celebrate it. it's not flawless but that type of disrespect i think, is very inappropriate, particularly somebody who is being paid $10 million, $20 million a year to get onto a sports playing field, not an appropriate place to express your concerns. >> and you saw it also at the mtv video awards with beyonce, who's got a ton of influence as well making pretty clear that those were you know, supposed to be angels shot by police officers black people shot by police officers. and the advancement of a narrative that the cops are out to get especially young african-american men in this country. >> and that is not the case. that is the reality if you look at the statistics but unfortunately that is the perception advanced by some embraced by many and that is at the heart of the current controversy, current crisis i

referred to in one of the clips earlier. i've been in this business for 45 years. this issue has permeated police and the community relations throughout those 45 years. the situation was much worse back in 1970 when i entered policing in boston. as a young police officer, young sergeant young superintendent, dealt with the desegregations of the boston public schools, desegregation of boston public housing. incredibly violent times. incredibly disturbing times. what we're dealing with currently is a continuation of that but we've made a lot of progress. >> people look at chicago. you are credited by many including "time" magazine with cleaning up new york city you and rudy giuliani. he's a big trump supporter. you don't want to get political, which i understand. but you have been critical of donald trump publicly and one of the things that you did is clean up the crime in this city the violent crime in new york. when you came back to new york

you've done it again. the crime numbers are going the right direction. so people like donald trump look at a city like chicago, and that's why he's out there on the campaign trail right now. worst gun violence worst murders this past month that they've seen in 20 years. and he says if you elect me you can walk down the street without getting shot. that is how some people view their communities, no? >> well unfortunately crime is up particularly violent crime, in many of america's cities. no two cities are alike. we haven't referenced los angeles, that during the time i was chief of police there, crime went down. race relations improved at the same time to the extent that the l.a. times editorialized it finally after 50 years, the corner had been turned on race relations. so you can have reduced crime, and you can have improved racial relations. >> what's the key? we've got limited time. if you had to narrow it down to one key thing, what is it? >> police and community shared

responsibility. it isn't the total responsibility of the police to address this issue alone. it is a shared responsibility among the criminal justice system. it is not responsibility of the community alone to address it. but there is a shared responsibility. that's what democracy is all about. >> why don't you want to endorse anybody in this election? i know you appeared at an event with hillary clinton, but you came out and told cbs news that he scared the hell out of you, that you said of donald trump. shoot from the hip. you say you just shake your head. >> what i also indicated is that i'm willing to meet with either of the candidates that are remaining in the race. i would have met with any of the candidates when we had many more. similar in the run-up to the last mayor's election here in new york city, i met with most of the mayoral candidates. many had different points of view about what to do about crime in new york city. >> you worked for bill de.

>> -- >> crime went down during giuliani's time and it's continued to go down during de blasio's time. the good news in 70 days you're going to have to find something else to talk about because the issue will be behind us. then there will be one person to focus on. so those 70 days can't go by fast enough. >> amen to that. >> amen to that. >> great to see you. >> all the best. >> lots of love to your beautiful wife. >> joining me now with reaction is milwaukee sheriff david clarke. what about that community policing the greater collection between law enforcement and the community? what's the problem with that if any? why aren't we seeing that everywhere? >> first of all, any relationship is a two way street. what we're doing too much is focusing on what the police can do better. everybody can always do better. you know, i try to do that with my organization every day. i tell them i need your best. we can get better. nobody focuses on some of the things that are happens wng the community. why is it that young black males

don't respect authority. why is it so many young black males will not comply with a law enforcement officers lawful commands to take them -- >> you know the answer to that. the answer to that is when you hear this often from many in the african-american community, if there is a community -- our last guest is saying you can't say that. which is i feel like i'm going to get shot you know driving my car down the street. i'll tell you just anecdotally, i have a good friend who is african-american who is an investment banker and he says he drives his car in his suit in new york city and is constantly afraid he's going to get pulled over and potentially shot. so you know it's not -- it's a large issue faced by many african-american men as you know. >> megyn, you're cutting in and out. i'm getting bad audio feed here. >> sorry, sheriff. >> it's not the first time it's happened here. >> sorry. i hope you can hear me now. my point is simply it is a real fear. it's a real fear by many

african-american men in particular. >> megyn, i'm only hearing every other word. i got a bad audio feed here. >> i'm sorry, sheriff. my apologies to the audience and sheriff clarke whose opinion we wanted to hear. i still have commissioner bratton here. i'm going to use my minute. what do you say to that? you know the genuine fear that men in particular of color have that they're going to get hurt by the police? >> well it'swhether it's a perception whether it's a reality, it's still something that has to be addressed. in new york city we have really sought to particularly over these last several years, address it in a lot of different ways, and doing it with some success. but in this city of 36,000 police officers my officers last year fired their firearms a total of 65 times. in 33 of those situations were combat situations in which my officers were being attacked or fired upon. so that fear is really in this city based very much on a

perception because the reality -- >> which the media feeds because whenever they have an incident they play it over and over and over again. and in the case of michael brown, there was when it was proved the victim in that case was the person who was the aggressor against the law enforcement officer. >> we have had two deaths attributed to potentially a choke hold in the last 20 some odd years in the city of new york in a city that makes 300,000 to 400,000 arrests a year. we focus a lot of attention on it because we constantly try to learn how can we do it better and more safely? >> great to see you, sir. again we'll get sheriff clarke on. up next why trump supporters are worried? he may soften his stance on immigration. are now looking to rush limbaugh on this issue, who finds himself caught in the crossfire. stay tuned.

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developing tonight, we are less than 24 hour as way now from a major speech by donald trump that will outline his stance on immigration. in recent days mr. trump has been accused of flip-flopping. he himself said there may be a softening. and the anger over that possibility has spilled over onto the rush limbaugh radio broadcast. listen. >> and i just distinctly heard you say it's not considered a flip-flop. and i just want to tell you you're doing a dissan fernando to all of us republican primary voters who didn't vote for trump that are struggling with whether or not to vote for trump. >> well in the first place, i don't think trump has actually changed that much from what he said and i'm also not aware that he told every republican they had to agree with him or else. >> with all due respect, rush on chuck todd's show he specifically said when asked the question you mean you're going to rip the families apart? he said no i'm not going to rip the families apart. they all have to go even the u.s. citizen children.

you were watching the debates as well as the rest of us were. you know exactly what he said and you know exactly the way he ridiculed everybody on that stage. >> yeah. well i guess the difference is -- or not the difference. i guess the thing is this is going to enrage you. you know i can choose a path here to try to mollify you, but i never took him seriously on this. >> but 30 million -- or 15 or 10 million -- excuse me 10 million people did. >> yeah and they still don't care. my point is they still don't care. they're going to stick with him no matter what. >> but this is why trump is going to get annihilated. because nobody called him out early on about his absurd policies. >> yes, they did. 15 candidates called him out. everybody was calling him out. everybody was calling him an idiot. >> except unfortunately the number one place where republican primary voters get their news. >> and then he seemed to imply that he was talking about fox

news. bret bozell is president of the media research center. brent, good to see you. >> hi megyn. >> rush was confused about what he meant there. listen there's been a lot of finger pointing right, in the gop and a lot of what feels like a civil war between the people who support trump in the party and the people who don't. and that was just a reflection of some of that. your thoughts. >> exactly. this isn't about rush. this is about the fractured nature of the republican party, and the fractured nature of the conservative movement. look anything rush says is going to trigger a reaction from someone calling himself a conservative saying that rush limbaugh has betrayed the conservative movement. this is the nature of the politics this year. that caller if rush were that impactful in this crazy year when rush limbaugh said that ted cruz was the single most conservative candidate in the race then ted cruz would have won the nomination. look the trump people rush is absolutely right. the trump people are lock step

with trump, and the people who aren't with trump, i think they're going to be with trump. but right now, like this caller they're having a very hard time. >> the other thing is you tell me brent. i mean there's no question rush is incredibly powerful and incredibly successful. but he -- he's not omnipotent and he's not all -- you know he can't do it all. i know rush rather well. back in 2008, he was behind john mccain. back in 2012, he was behind mitt romney. it didn't carry them over the finish line. you know i mean i think some in the republican party want to demonize let's say rush or hannity or whoever it is for getting behind trump or not condemning trump just the same as you know, it's happening the other way as well. people want to condemn the never trumpers for not getting behind a party nominee who is obviously extremely controversial. >> and if rush were to say something critical about trump, then there would be the furious

backlash in the opposite direction about how he is costing the republicans the election by going after the nominee. this is what i mean. you can't win this year. it is the craziest year ever. and i think what people have to do is take a deep deep breath and understand rush was advocating conservative principles long before any caller was calling him. >> mm-hmm. and he is a broadcaster. i mean that's what he is at heart. he's not a campaign manager who needs to get a non-trumper elected. he's a broadcaster. in any event, the recriminations have only just begun. i'm sure we'll be hearing many more over the days and weeks to come. so we'll see a lot of brent. it's great to see you. also tonight, a phony article about yours truly manages to climb its way to the top of facebook's trending feature. fired. what? so can i sue my friends at facebook? eiglarsh and endel are here to

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so earlier this week facebook started pushing a false story about yours truly. the headline read breaking. fox news exposes traitor, megyn kelly. kicks her out for backing hillary. what? they did this on the very first

weekend that they facebook stopped using real live human beings and instead entrusting their trending feature to an algorithm. so should i sue them? joining me now, defense attorneys mark eiglarsh and endel brown. so once again, mark the rhythm method fails, and they learn the hard way that they should not be entrusting their feature to a bot, right? >> right. yes. and thank you for selecting my law firm to sue facebook for millions. there's only one problem, megyn. i got to manage my client here. there's this little thing called actual malice which public figures like you need to prove. >> mm-hmm. >> and nana told me that you are a public figure. and unfortunately we're not going to be able to win. >> no. so an del, i have no desire to sue facebook nor anybody else because i really don't like lawsuits which is ironic since i was a lawyer for nine years. but that's what it does to you.

but the problem is that you know facebook and these other online sites that sort of put this stuff out there can really do this to actually a regular person who isn't on tv every night and doesn't have the ability to show people that it's a lie. >> absolutely. and the proof is in the programming. it's there program. they're responsible for it. and when you look at the actual malice you also have to think about a willful disregard for the truth. when you're putting stuff out there and you're fact checkers don't check it, and it's going around the whole world trending you're responsible for that. they have to be very careful to make sure this never happens again. >> well, i mean there's so much false stuff on the internet. somebody else said i donated $70,000 to hillary. i've never made a political donation in my life and i certainly wouldn't be supporting either one of these two people because i am a reporter covering the race. in any event, when i saw that report on facebook this is what i looked like. this is what i wanted to do to myself. watch this.

this is how angry i was, and you tell me -- you tell me, mark why we are looking at this woman and how this has become a legal matter. >> well, megyn, you see, she's apparently alleging that a multimillionaire defendant punched her in the face right? and he's also alleging that she stole jewels from him. now, i can only defend her, since i drew the short straw with andell on one issue, and that is the stealing of the jewels. >> but before we get to that andell the bottom line is her boyfriend says she beat herself up and claimed he did it. this is her doing it to herself. >> objection. objection. irrelevant. >> every guy's worst fear that someone's going to -- you know you're going to get accused of attacking a woman. nobody ever wants to have that. now we have this woman beating herself up. lucky for him he had a camera and he captured it and now she's not fooling anybody.

>> he's not talking about the jewels case. megyn, again, it was either confucius, shakespeare, or my friend donald who said she who punches herself in face didn't necessarily steal the jewels. something like that. >> great to see you both. interesting as wls. >> great to see you, megyn. good luck with the suit. >> we'll be right back. ee of intelligence... it's a supercomputer. with this grade of protection... it's a fortress. and with this standard of luxury... it's an oasis. introducing the completely redesigned e-class. it's everything you need it to be... and more. lease the e300 for $549 a month at your local mercedes-benz dealer. mercedes-benz. the best or nothing. with my moderate to severe ulcerative colitis, the possibility of a flare was almost always on my mind. thinking about what to avoid where to go... and how to deal with my uc. to me, that was normal.

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finally tonight, the kelly file is mourning the lotsz of a friend and frequent guest on our show. joe hicks died on sunday due to surgery complications. he was a brilliant man who so eloquently spoke about race and civil rights. in his early years, he was a member of the black power movement but later he identified as an independent political conservative. just last month, he was here on "the kelly file" raising questions about some aspects of the black lives matter group. >> last week three people were walking out of a liquor store in san bernardino people are familiar with san bernardino because that's where the massacre took place. three -- two black men and a 9-year-old boy walked out of a

liquor store, mowed down by a black suspect. where was black lives matter? did you guys mobilize in san bernardino? did you guys -- >> go ahead, lauren. >> joe will be missed. good night. welcome to "hannity," and this is a fox news alert on a very busy news night in the world of politics. we're just moments away donald trump has a big rally in the state of washington. we're going to bring that to you live once he takes to the stage. also tonight, "the washington post" first reported that republican presidential nominee donald trump is now considering a trip to mexico tomorrow morning to meet with the country's president. now, this would come ahead of donald trump's major speech on immigration tomorrow night in arizona. and fox news can confirm the decision will be made by the campaign later tonight or tomorrow morning. that's not all. we'll also monitoring the results in key congressional primary races. polls in arizona where senator